Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 128 By: Kirt
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6 AS INTRODUCED
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7 An Act relating to forcible entry and detainer;
7 amending 12 O.S. 2021, Sections 1148.4, 1148.5,
8 1148.5A, and 1148.16, as amended by Section 2,
8 Chapter 184, O.S.L. 2023 (12 O.S. Supp. 2024, Section
9 1148.16), which relate to summons; extending time
9 period for certain appearance; providing exceptions;
10 making language gender neutral; increasing time
10 period for service of certain summons; providing
11 exceptions; conforming time periods for certain
11 notice and hearing; providing exceptions; updating
12 statutory language; and providing an effective date.
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15 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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16 SECTION 1. AMENDATORY 12 O.S. 2021, Section 1148.4, is
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17 amended to read as follows:
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18 Section 1148.4. The summons shall be issued and returned as in
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19 other cases, except that it shall command the sheriff, or other
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20 person serving it, to summon the defendant to appear for trial at
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21 the time and place specified therein, which time shall be not less
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22 than five (5) days nor more than ten (10) days nor more than fifteen
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23 (15) days from the date that the summons is issued; provided,
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24 however, a trial for an action pursuant to subsection C or D of
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Req. No. 241 Page 1
1 Section 132 of Title 41 of the Oklahoma Statutes shall be not less
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2 than five (5) days nor more than ten (10) days from the date the
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3 summons is issued. The summons shall apprise the defendant of the
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4 nature of the claim that is being asserted against him; and there
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5 shall be endorsed upon the summons the relief sought and the amount
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6 for which the plaintiff will take judgment if the defendant fails to
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7 appear. In all cases, pleadings may be amended to conform to the
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8 evidence.
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9 SECTION 2. AMENDATORY 12 O.S. 2021, Section 1148.5, is
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10 amended to read as follows:
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11 Section 1148.5. The summons may be served as in other cases
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12 except that such service shall be at least three (3) seven (7) days
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13 before the day of trial, and the return day shall not be later than
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14 the day of trial, and it may also be served by leaving a copy
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15 thereof with some person over fifteen (15) years of age, residing on
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16 the premises, at least three (3) seven (7) days before the day of
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17 trial; or, if service cannot be made by the exercise of reasonable
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18 diligence on the tenant or on any person over the age of fifteen
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19 (15) years residing on the premises, the same may be served by
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20 certified mail with return receipt postmarked at least three (3)
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21 seven (7) days before the date of trial. Provided, service of a
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22 summons for an action pursuant to subsection C or D of Section 132
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23 of Title 41 of the Oklahoma Statutes shall be at least three (3)
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24 days before the date of trial.
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Req. No. 241 Page 2
1 SECTION 3. AMENDATORY 12 O.S. 2021, Section 1148.5A, is
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2 amended to read as follows:
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3 Section 1148.5A. If, in the exercise of reasonable diligence,
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4 service cannot be made upon the defendant personally nor upon any
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5 person residing upon the premises over fifteen (15) years of age,
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6 then in lieu of service by certified mail, service may be obtained
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7 for the sole purpose of adjudicating the right to restitution of the
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8 premises by the sheriff's posting or by private process service
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9 posting of said the summons conspicuously on the building on the
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10 premises, and, if there be is no building on said the premises, then
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11 by posting the same at some conspicuous place on the premises sought
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12 to be recovered at least five (5) seven (7) days prior to the date
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13 of trial, and by the claimant's mailing a copy of said the summons
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14 to the last-known address of the defendant by certified mail at
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15 least five (5) seven (7) days prior to said the date of trial;
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16 provided, however, such service for an action pursuant to subsection
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17 C or D of Section 132 of Title 41 of the Oklahoma Statutes shall be
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18 posted at least five (5) days prior to the date of trial. Such
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19 service shall confer no jurisdiction upon the court to render any
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20 judgment against the defendant for the payment of money nor for any
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21 relief other than the restoration of possession of the premises to
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22 the claimant, unless the defendant appears at trial. If the court
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23 only renders a judgment for restoration of possession of the
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24 premises, the claimant shall not be precluded from pursuing a
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Req. No. 241 Page 3
1 subsequent action for the payment of rent. A judgment for forcible
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2 entry and detainer shall not preclude the property owner from
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3 pursuing a subsequent action for other monetary relief. Such
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4 service shall not be rendered ineffectual by the failure of the
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5 defendant to actually see or receive such posted process nor by the
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6 failure of the defendant to actually receive or sign a return
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7 receipt for such mailed process.
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8 SECTION 4. AMENDATORY 12 O.S. 2021, Section 1148.16, as
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9 amended by Section 2, Chapter 184, O.S.L. 2023 (12 O.S. Supp. 2024,
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10 Section 1148.16), is amended to read as follows:
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11 Section 1148.16. The summons to be issued in an action for
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12 forcible entry and detainer, commonly known as an eviction, shall be
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13 in a form developed in plain and understandable language by the
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14 Oklahoma Bar Association. The Administrative Office of the Courts
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15 shall provide public access to the affidavit by providing a link to
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16 the form on the Oklahoma State Courts Network (OSCN) website. The
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17 summons shall be delivered no less than three (3) seven (7) days
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18 before the scheduled time and date of the court hearing; provided,
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19 however, a summons for an action pursuant to subsection C or D of
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20 Section 132 of Title 41 of the Oklahoma Statutes shall be delivered
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21 no less than three (3) days before the date of trial. This
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22 scheduled date and time shall not be less than five (5) ten (10)
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23 days nor more than fifteen (15) days from the date the summons is
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24 issued; provided, however, the scheduled date and time for an action
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1 pursuant to subsection C or D of Section 132 of Title 41 of the
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2 Oklahoma Statutes shall not be less than five (5) days nor more than
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3 ten (10) days from the date the summons is issued.
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4 SECTION 5. This act shall become effective November 1, 2025.
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6 60-1-241 TEK 12/27/2024 1:23:52 PM
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Req. No. 241 Page 5Every fact on this page links to its source, starting with the official bill record.